MATTER OF EAGLE INS. CO. v. WATANABE


171 A.D.2d 451 (1991)

In the Matter of Eagle Insurance Company, Respondent, v. Hisako Watanabe, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 12, 1991


Respondent was allegedly injured on February 10, 1989, while crossing Madison Avenue at 42nd Street, when a passing car ran over an unsecured metal plate in the roadway, causing the plate to bounce and fall on respondent's foot. The arbitration hearing which respondent sought under the uninsured motorist endorsement of the insurance policy issued by petitioner was permanently stayed by the IAS court on the ground that respondent's injury was not the result of "physical contact...

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